Motorcycle Accident FAQ
Motorcycle accident victims often have many questions following a motorcycle crash, but it can often be confusing to find accurate and reliable information. We have compiled our motorcycle accident frequently asked questions (FAQ) and our answers to these common questions. If you still have questions after reviewing the motorcycle accident FAQ below, consider contacting Chuck directly from Chuck Franklin Law by calling 480-545-0700.
Do I Have to Report It If I Was in a Motorcycle Accident?
Arizona law requires law enforcement officers to prepare a written accident report they investigate that involves:
- Bodily injury
- Property damage of more than $2,000
Even if the accident does not meet this criteria, motorcycle accident victims may still want to report the accident so that they can get assistance if they have injuries and so that a written report about the accident can be made. They may need this report later when making a claim with the insurance company.
What Should I Do After Being Involved in a Motorcycle Accident?
The moments after a motorcycle accident can be crucial to the potential success of your motorcycle accident claim. This is a time for you to preserve your rights and protect your health and your claim. Some common steps to take after being involved in a motorcycle accident include:
- Report the accident.
- Seek immediate medical attention if you were injured.
- Exchange information with the other driver.
- Ask witnesses for their contact information.
- Keep copies of all medical records, medical bills, repair estimates, and other documents related to the accident and your losses.
- Take pictures of any injuries, the damage to your bike, and the accident scene.
- Do not admit fault or sign anything from the insurance company.
Motorcycle accident victims can ensure their legal rights remain protected by contacting an experienced motorcycle accident attorney.
What Is Arizona’s Helmet Law?
According to the National Safety Council, motorcycle helmets are approximately 37% effective at preventing fatal injuries to motorcycle operators and 41% effective at preventing fatal injuries to motorcycle passengers. Under ARS 28-964, all motorcycle riders and passengers under the age of 18 must wear a helmet while riding.
If an injured motorcycle accident victim was not wearing a helmet at the time of a crash in Arizona, they may still be able to pursue a claim for damages. Additionally, wearing a helmet likely would not have prevented the collision from occurring.
A Car Turned Left in Front of Me While I Was Riding My Motorcycle. Who Is At Fault for the Accident?
This is one of the most common motorcycle accident questions our attorneys receive. Drivers of passenger vehicles are often not looking out for the smaller stature that motorcycles represent. Therefore, they often turn in front of a motorcyclist who has the right-of-way. Many times, the driver of the passenger car is liable for this type of accident because they have violated rules of the road. However, this is not always the case. For example, a motorcyclist who is speeding or running a red light who is hit by a vehicle turning left may be found responsible for the accident.
What Should I Do if the Insurance Company Contacts Me?
Insurance companies are for-profit businesses. They remain economically viable by taking in more money in premiums than they pay out for claims. Therefore, when the insurance company contacts accident victims, this is usually in an effort to protect their profit margins. They may try to get accident victims to minimize their injuries, admit fault, or say something that can otherwise damage their claim. For this reason, many accident victims are advised not to answer insurance company representative questions or sign anything without the help from a lawyer.
What Should I Do If My Motorcycle Accident Was Caused by a Hit and Run Driver?
If the accident was the result of a hit-and-run driver, there may be a criminal case that happens concurrently (at the same time) as the personal injury claim. Accident victims may be able to assist with the criminal investigation by providing details about the at-fault driver. If police apprehend the suspect, the claim may proceed as normal.
However, if the at-fault driver is not identified, the accident victim may have to turn to their own uninsured motorist coverage to pay for their medical expenses, lost wages, and other damages.
What Damages Can I Recover from a Motorcycle Accident?
Motorcycle accident victims may be able to recover compensation for the following types of damages they sustain:
- Medical expenses, including for hospitalization, surgeries, physical therapy, and rehabilitation.
- Lost wages.
- Loss of future earning capacity.
- Disability and disfigurement.
- Physical and psychological pain and suffering.
How Much Is My Motorcycle Accident Claim Worth?
This is one of the most common motorcycle accident questions. However, there is no simple answer to this question. Every motorcycle accident case is different. People may suffer different injuries. Various factors can affect the potential value of a claim, such as:
- The type and severity of the injuries.
- The nature and value of economic losses the victim sustained.
- The victim’s medical history.
- The defendant’s degree of fault.
- Whether the victim contributed to the accident.
Visiting with an experienced motorcycle accident attorney at Chuck Franklin Law can help you understand how much your motorcycle accident claim may be worth.
Should I Settle My Case or File a Lawsuit?
This is one of the hardest questions to answer. There are pros and cons to accepting a settlement. A settlement resolves the case so the victim does not have to worry about whether they will receive compensation. It can get them compensation more quickly. However, some insurance companies may deny a claim or drastically undervalue it, so a lawsuit may be the only way to recover fair compensation.
Should I Hire a Lawyer to Help Me If I Was Hurt in a Motorcycle Accident?
There is nothing that says you must hire a lawyer following a motorcycle accident. However, motorcycle accidents tend to involve more serious injuries, and many accident victims want to ensure that their legal rights remain protected while they focus on their medical recovery. Chuck Franklin Law can answer your specific questions if they were not addressed in this motorcycle accident FAW, and help you determine whether you have a viable claim for damages. Contact Chuck directly to learn more by calling 480-545-0700.
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